Cunningham v. Stender

Defendant in error was the proponent in the county-court of Larimer County of a “lost” will alleged to have been executed by his widowed sister, Dorothea Cunningham, a resident of Ft. Collins, Colorado, in which instrument proponent, four of his brothers and sisters and a nephew were named as devisees and legatees. Caveat was filed by plaintiff in error, son and only heir at law of the alleged testatrix. In this caveat the son alleged that the will was not in existence when his mother died; that if she made such a will, she was not possessed of testamentary capacity at the time of the…